The Civil Procedure Rules 1998

[F1 I–LANDLORD AND TENANT CLAIMS E+W

Textual Amendments

F1 Pt. 56 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 2 (with rule 31)

Scope and interpretation E+W

56.1— (1) In this Section of this Part “landlord and tenant claim” means a claim under—

(a) the Landlord and Tenant Act 1927(1);

(b) the Leasehold Property (Repairs) Act 1938(2);

(c) the Landlord and Tenant Act 1954(3);

(d) the Landlord and Tenant Act 1985(4); or

(e) the Landlord and Tenant Act 1987(5).

(2) A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.

Starting the claim E+W

56.2— (1) The claim must be started in the county court for the district in which the land is situated unless [F2 paragraph (2) applies] or an enactment provides otherwise.

(2) The claim may be started in the High Court if the claimant files with his claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth in accordance with rule 22.1(1).

(3) The practice direction refers to circumstances which may justify starting the claim in the High Court.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in rule 56.2(1) substituted (1.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(a), 15(a) (with rule 20(1))

F3 Rule 56.2(4) omitted (1.6.2004) by virtue of The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(a), 15(b) (with rule 20(1))

[F4 Claims for a new tenancy under section 24 and for the termination of a tenancy under section 29(2) of the Landlord and Tenant Act 1954 E+W

56.3— (1) This rule applies to a claim for a new tenancy under section 24 and to a claim for the termination of a tenancy under section 29(2) of the 1954 Act.

(2) In this rule—

(a) “the 1954 Act” means the Landlord and Tenant Act 1954;

(b) “an unopposed claim” means a claim for a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is not opposed;

(c) “an opposed claim” means a claim for—

(i) a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is opposed; or

(ii) the termination of a tenancy under section 29(2) of the 1954 Act.

(3) Where the claim is an unopposed claim—

(a) the claimant must use the Part 8 procedure, but the following rules do not apply—

(i) rule 8.5; and

(ii) rule 8.6;

(b) the claim form must be served within 2 months after the date of issue and rules 7.5 and 7.6 are modified accordingly; and

(c) the court will give directions about the future management of the claim following receipt of the acknowledgment of service.

(4) Where the claim is an opposed claim—

(a) the claimant must use the Part 7 procedure; but

(b) the claim form must be served within 2 months after the date of issue, and rules 7.5 and 7.6 are modified accordingly.

(The practice direction to this Part contains provisions about evidence, including expert evidence in opposed claims)]]

Textual Amendments

F4 Rule 56.3 substituted (1.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(a), 16 (with rule 20(1))

(1)

1978 c. 33.

(2)

1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.

(3)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 46.

(4)

1997 c. 27.

(5)

1980 c. 58.